The 2024 Immigration Law: Family reunification

The quintessence of the family reunification residence permit is that there must be a sponsor who already has a Hungarian temporary residence permit or a permanent residence permit, or an EU registration certificate, or who is a Hungarian citizen himself/herself. However, the new, 2024 immigration law defines many exceptions, and if the sponsor has a residence card from the nine different temporary residence permits enlisted by the law, the family member of the sponsor cannot apply for a residence permit for the purpose of family reunification.

Another question that constantly arises is who is considered a family member that can apply for a family reunification residence permit. Only the spouse of a foreign or Hungarian citizen can be considered a family member, a domestic or civil partner is not, with the only exception of a registered partnership of a same-sex couple. In most cases, a minor child is also considered a family member. Under certain conditions, the dependent parent of the sponsor or his/her spouse, as well as their brother and other direct relatives (e.g. grandparents) who are unable to support themselves, can be considered family members.

It should be noted that if the spouse of a Hungarian citizen wants to apply for a residence permit for the purpose of family reunification, it must be clarified whether the marriage was concluded abroad or in Hungary. In the case of a marriage concluded in Hungary, there is no problem, but in the case of a marriage concluded abroad, the marriage must be registered in Hungary as well, which is handled fully by our law firm, but this prolongs the procedure by another one and a half to two months.

The residence permit for the purpose of family reunification is generally granted for three years, which can be extended, but, for example, a family member of a Hungarian citizen can apply for five years.

Few people know that a foreigner who has received a residence permit for the purpose of family reunification is obliged to notify the immigration police of the dissolution of his marriage or the death of his spouse within thirty days of receiving the final divorce judgment or the issuance of the death certificate. A family member may be entitled to further residence if five years have passed since the issuance of the residence permit for the first time, or if the conditions for residence are met even after the death of the person reuniting the family, i.e. the sponsor.